Insurance Claims Litigation Lawyer
Car Accident Lawyer Fighting for Your Rights
In most jurisdictions across the country, drivers are required by law to carry liability insurance in the event they are responsible for an auto accident. When people are involved in car accidents, the "at-fault" party's insurance carrier is obligated to cover the damages incurred by the accident victim who was injured by the insured. When a dispute arises between the insured and their insurance company or between the injured party and the insurance company, it is referred to as claims litigation. There are cases where the insurance company either offers a low-ball settlement to the injured party and the insured refuses to accept such a settlement offer, or at other times the insurance company denies liability altogether and refuses to pay a claim. In either case, it may become necessary to become engaged in litigation.
Claims litigation frequently occurs with car accidents; if the insurance company denies liability or if the injured party won't accept an out-of-court settlement offer, then it will be necessary to proceed to the next step, litigation. In reality, claims litigation occurs long before the lawsuit is filed. While many insurance claims are settled rather quickly, there are a number of claims that are not, particularly because insurance companies are in the habit of offering far below what a claim is actually worth. Once it becomes apparent that the insured or the insured party won't accept the offer presented by the insurance company, then the insurance company will hand off the case to their claims management department which consists of claim management specialists and an attorney, all who don't want to see the case go to court if at all possible.
If the insured or the injured party cannot come to a settlement agreement with the insurance company, and if litigation becomes inevitable, then the case will be transferred over to legal counsel for the insurance company. Claims litigation is not cheap for an insurance company once a lawsuit is finally filed; therefore, insurance companies can be driven to settle in order to avoid litigation. Insurance claims are civil lawsuits and are therefore initiated by the plaintiff, or injured party, and the plaintiff files a claim against the responsible party. If the lawsuit is not settled through the litigation process, then the case will go to trial and either a judge or jury will decide who is liable.
Going After Your Own Insurance Company
Insurance companies have a duty to act in good faith towards those who purchase insurance policies from them; this legal duty is referred to as the "implied covenant of good faith and fair dealing," which automatically takes effect once an insurance contract is created. Once an insurance company acts badly or violates their agreement, then the insured person, the policyholder can sue the insurance carrier in a tort claim in addition to a breach of contract claim. There is an important difference between contract and tort claims; with tort claims the plaintiff in an insurance bad faith case is entitled to recovering an amount that is larger than the original face value of the policy when the insurance company's conduct was particularly unethical or dishonest.
If you have been injured in a car accident, a Houston car accident lawyer from The Doan Law Firm, P.C. can help. We have extensive experience dealing with all types of car accident claims in the greater Houston area. Should the insurance company deny a claim or offer you a low settlement offer we cannot reasonably accept, we are not afraid to engage in insurance claims litigation on your behalf. As an injured victim, you deserve full compensation for you injuries and we will not be bullied by an unreasonable insurance company who won't offer you what you deserve. Contact us today to get started filing your claim for compensation, because YOU are worth it!
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